GIFT  OF 
Florence  Koehler 


THE 


DECLARATION 


OF 


INDEPENDENCE 


AND 


CONSTITUTION 


OF    THE 


UNITED  STATES  OF  AMERICA, 


NEW- YORK : 
R.    SPALDING. 

1864. 


DECLARATION 


OF 


INDEPENDENCE 

1776. 


HEN,  in  the  courfe  of 

\ 

human  events,  it  be 
comes  nece$|ary  for  one  people 
to  dlfiblve  the  political  bands 
which  have  connected  them 
with  another,  and  to  aiRime, 
among  the  powers  of  the  earth, 
the  Separate  and  equal  ftation, 
to  which  the  laws  of  nature, 


4  DECLARATION    OF 

and  of  nature's  God  entitle 
them,  a  decent  refpe£t  to  the 
opinions  of  mankind  requires 
that  theyjhould  declare  the 
causes  which  impel  them  to  the 
Reparation. 

We  hold  thefe  truths  to  be 
felf-evident —  that  all  men  are 
created  equal;  that  they  are 
endowed  by  their  Creator  with 
certain  inalienable  rights  $  that 
among  thefe  are  life,  liberty, 
and  the  purfuit  of  happinefs. 
That,  tojlecure  thefe  rights, 
governments  are  instituted 
among  men,  deriving  their  ji*ft 
powers  from  the  confent  of  the 
governed ;  that,  whenever  any 


INDEPENDENCE. 


form  of  government  becomes 
d<^bru&ive  of  th£fe  ends,  it  is 
the  right  of  the  people  to  alter 
or  abolish  it,  and  to  iifllitute 
a  new  government,  laying  its 
foundations  onjjuch  principles, 
and  organizing  its  powers  in 
4uch  form,  as  to  them  Jhall 
^eem  m$l  likely  to  effe£t  their 
Jfofety  and  happinels.*  Pru 
dence,  indeed,  will  dictate  that 
governments  long  eftablilhed 
ftiould  not  be  changed  for  light 
and  tranfient  caufes;  and,  ac 
cordingly,  all  experience  hath 
(hown  that  mankind  are  more 
difpofed  to  fuffer,  while  evils 
are  fufferable,  than  to  right 


6  DECLARATION    OF 

themfelves  by  abolifhing  the 
forms  to  which  they  are  accus 
tomed.  But  when  a  long  train 
of  abufes  and  ufurpations,  pur- 
fuing  invariably  the  fame  ob- 
je£t,  evinces  a  delign  to  reduce 
them  under  abfolute  defpotifm, 
it  is  their  right,  it  is  their  duty, 
to  throw  off  litch  government, 
and  to  provide  new  guards  for 
their  future  fecurity.  Such 
has  been  the  patient  fufferance 
of  thefe  colonies,  and  fuch  is 
now  the  neceffity  which  con- 
ftrains  them  to  alter  their  for 
mer  fyftems  of  government. 
The  hiftory  of  the  prefent  king 
of  Great  Britain,  is  a  hiftory 


INDEPENDENCE.  7 

of  repeated  injuries  and  ufiir- 
pations,  all  having  in  dire£t 
object  the  eftablifhment  of  an 
abfolute  tyranny  over  thefe 
States.  To  prove  this,  let 
fa£ts  be  fubmitted  to  a  candid 
worldT/ 

He  has  refufed  his  aflent  to 
laws  the  moft  wholefome  and 
neceflary  for  the  public  good. 

He  has  forbidden  his  gov 
ernors  to  pafs  laws  of  immedi 
ate  and  prefling  importance, 
unlefs  fufpended  in  their  ope 
rations  till  his  aflent  fhould  be 
obtained  5  and,  when  fo  fus- 
pended,  he  has  utterly  neg- 
le£ted  to  attend  to  them. 


8  DECLARATION    OF 

He  has  refufed  to  pafs  other 
laws  for  the  accommodation 
of  large  diftri&s  of  people, 
unlefs  thofe  people  would  re- 
linquifh  the  right  of  reprefen- 
tation  in  the  Legiflature  —  a 
right  ineftimable  to  them,  and 
formidable  to  tyrants  only. 

He  has  called  together  legis 
lative  bodies  at  places  unufual, 
uncomfortable,  and  diftant  from 
the  repofitory  of  their  public 
records,  for  the  fole  purpofe 
of  fatiguing  them  into  compli 
ance  with  his  meafures. 

He  has  diflblved  reprefen- 
tative  houfes  repeatedly,  for 
oppofing,  with  manly  firmnefs, 


INDEPENDENCE.  9 

his  invafions  on  the  rights  of 
the  people. 

He  has  refufed,  for  a  long 
time  after  fuch  diffolutions,  to 
caufe  others  to  be  elected, 
whereby  the  legiflative  powers, 
incapable  of  annihilation,  have 
returned  to  the  people  at  large 
for  their  exercife;  the  State 
remaining,  in  the  meantime, 
expofed  to  all  the  dangers  of 
invafions  from  without,  and 
convulfions  within. 

He  has  endeavored  to  pre 
vent  the  population  of  thefe 
States;  for  that  purpofe  ob- 
ftru£ting  the  laws  for  the  natu 
ralization  of  foreigners;  refus- 


10          DECLARATION    OF 

ing  to  pafs  others  to  encourage 
their  migration  hither,  and 
raifing  the  conditions  of  new 
appropriations  of  lands. 

He  has  obftru£ted  the  ad- 
miniftration  of  juftice,  by  re- 
fufing  his  affent  to  laws  for 
eftablifhing  judiciary  powers. 

He  has  made  judges  depend 
ent  on  his  will  alone  for  the 
tenure  of  their  offices,  and  the 
amount  and  payment  of  their 
falaries. 

He  has  ere&ed  a  multitude 
of  new  offices,  and  fent  hither 
fwarms  of  officers  to  harafs 
our  people  and  eat  out  their 
subftance. 


INDEPENDENCE.  1 1 

He  has  kept  among  us  in 
times  of  peace,  ftanding  ar 
mies,  without  the  confent  of 
our  Lecriflatures. 

o 

He  has  affe&ed  to  render 
the  military  independent  of, 
and  fuperior  to,  the  civil  power. 

He  has  combined  with  oth 
ers  to  fubje£t  us  to  a  juris 
diction  foreign  to  our  conftitu- 
tions,  and  unacknowledged  by 
our  laws  5  giving  his  aflent  to 
their  a£ts  of  pretended  legis 
lation  : 

For  quartering  large  bodies 
of  armed  troops  among  us; 

For  protecting  them,  by  a 
mock  trial,  from  puniftiment 


12          DECLARATION    OF 

for  any  murders  which  they 
fhould  commit  on  the  inhabi 
tants  of  thefe  States  ; 

*For  cutting    off  our  trade 
with  all  parts  of  the  world  ; 

For  impofing    taxes    on  us 
without  our  confent;^ 

For  depriving  us,   in  many 
cafes,  of  the  benefit  of  trial  by 


For  tranfporting  us  beyond 
feas,  to  be  tried  for  pretended 
offences  5 

For  aboliihing  the  free  fys- 
tem  of  Englifh  laws  in  a  neigh 
boring  province,  eftablifhing 
therein  an  arbitrary  govern 
ment,  and  enlarging  its  boun- 


INDEPENDENCE.  13 

daries,  fo  as  to  render  it  at 
once  an  example  and  fit  inftru- 
ment  for  introducing  the  fame 
abfolute  rule  into  thefe  colo 
nies; 

For  taking  away  our  char 
ters,  abolifhing  our  moft  valu 
able  laws,  and  altering,  funda 
mentally,  the  forms  of  our 
governments  $ 

For  fufpending  our  own 
Legiflatures,  and  declaring 
themfelves  inverted  with  power 
to  legiflate  for  us  in  all  cafes 
whatfoever. 

He  has  abdicated  govern 
ment  here,  by  declaring  us  out 


14          DECLARATION    OF 

of  his  protection,  and  waging 
war  againft  us. 

He  has  plundered  our  feas, 
ravaged  our  coafts,  burned  our 
towns,  and  deftroyed  the  lives 
of  our  people. 

He  is  at  this  time  tranfport- 
ing  large  armies  of  foreign 
mercenaries,  to  complete  the 
works  of  death,  defolation,  and 
tyranny,  already  begun  with 
circumftances  of  cruelty  and 
perfidy  fcarcely  paralleled  in 
the  moft  barbarous  ages,  and 
totally  unworthy  the  head  of  a 
civilized  nation. 

He  has  conftrained  our  fel 
low-citizens,  taken  captive  on 


INDEPENDENCE.  15 

the  high  feas,  to  bear  arms 
againft  their  country,  to  be 
come  the  executioners  of  their 
friends  and  brethren,  or  to  fall 
themfelves  by  their  hands. 

He  has  excited  domeftic  in- 
furre£tion  among  us,  and  has 
endeavored  to  bring  on  the 
inhabitants  of  our  frontiers, 
the  mercilefs  Indian  favages, 
whofe  known  rule  of  warfare 
is  an  undiftinguiftied  deftruc- 
tion  of  all  ages,  fexes,  and 
conditions. 

In  every  ftage  of  thefe  op- 
preflions  we  have  petitioned  for 
redrefs  in  the  moft  humble 
terms;  our  repeated  petitions 


I  6          DECLARATION    OF 

have  been  anfwered  only  by 
repeated  injury.  A  prince 
whofe  character  is  thus  marked 
by  every  a£t  which  may  de 
fine  a  tyrant,  is  unfit  to  be  the 
ruler  of  a  free  people. 

Nor  have  we  been  wanting 
in  our  attentions  to  our  Britifh 
brethren.  We  have  warned 
them,  from  time  to  time,  of 
attempts  by  their  legiflature 
to  extend  an  unwarrantable 
jurifdi£tion  over  us.  We  have 
reminded  them  of  the  circum- 
ftances  of  our  emigration  and 
fettlement  here.  We  have 
appealed  to  their  native  juftice 
and  magnanimity,  and  we  have 


INDEPENDENCE.  IJ 

conjured  them  by  the  ties  of 
our  common  kindred,  to  dis 
avow  thefe  ufurpations,  which 
would  inevitably  interrupt  our 
connections  and  correfpon- 
dence.  They,  too,  have  been 
deaf  to  the  voice  of  juftice 
and  of  confanguinity.  We 
muft,  therefore,  acquiefce  in 
the  neceflity  which  denounces 
our  feparation,  and  hold  them 
as  we  hold  the  reft  of  mankind 
—  enemies  in  war  —  in  peace, 
friends. 

We,  therefore,  the  repre- 
fentatives  of  the  United  States 
of  America,  in  general  Con- 
grefs  affembled,  appealing  to 


I  8          DECLARATION    OF 

the  Supreme  Judge  of  the 
world  for  the  rectitude  of  our 
intentions,  do,  in  the  name  and 
by  the  authority  of  the  good 
people  of  thefe  colonies,  fol- 
emnly  publifh  and  declare  that 
thefe  united  colonies  are,  and 
of  right  ought  to  be,  free  and 
independent  States  f/^that  they 
are  abfolved,  from  all  allegiance 
to  the  Britilh  crown,  and  that 
all  political  connection  between 
them  and  the  ftate  of  Great 
Britain,  is,  and  ought  to  be, 
totally  diflblved,^nd  that,  as 
free  and  independent  States, 
they  have  full  power  to  levy 
war,  conclude  peace,  contract 


INDEPENDENCE.  19 

alliances,  eftablifh  commerce, 
and  do  all  other  a£ts  and 
things  which  independent  States 
may  of  right  do.  And  for  the 
fupport  of  this  Declaration, 
with  a  firm  reliance  on  the 
protection  of  Divine  Provi 
dence,  we  mutually  pledge  to 
each  other  our  lives,  our  for 
tunes,  and  our  facred  honor. 


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CONSTITUTION 


OF    THE 


UNITED     STATES 


fE  the  People  of  the 
United  States,  in  order 
to  form  a  more  perfect  union, 
eftablilh  juftice,  infure  domes 
tic  tranquillity,  provide  for  the 
common  defence,  promote  the 
general  welfare,  and  fecure 
the  bleflings  of  liberty  to  our- 
felves  and  our  pofterity,  do 
ordain  and  eftabliih  this  CON 
STITUTION  for  the  United 
States  of  America. 


24         CONSTITUTION    OF 
ARTICLE    I. 

SECTION  i.  All  legiflative 
powers  herein  granted  fhall 
be  vefted  in  a  Congrefs  of  the 
United  States,  which  (hall  con- 
lift  of  a  fenate  and  houfe  of 
reprefentatives. 

SECTION  2.  The  houfe  of 
reprefentatives  fhall  be  com- 
pofed  of  members  chofen  every 
fecond  year  by  the  people  of 
the  feveral  States,  and  the 
electors  in  each  State  fhall  have 
the  qualifications  requifite  for 
electors  of  the  moft  numerous 
branch  of  the  ftate  legiflature. 

No  perfon  fhall  be  a  repre- 
fentative  who  fhall  not  have 


THE    UNITED    STATES.      25 

attained  to  the  age  of  twenty- 
five  years,  and  been  feven  years 
a  citizen  of  the  United  States, 
and  who  fhall  not,  when  elected, 
be  an  inhabitant  of  that  ftate, 
in  which  he  fhall  be  chofen. 

Reprefentatives  and  direct 
taxes  fhall  be  apportioned 
among  the  feveral  ftates  which 
may  be  included  within  this 
Union,  according  to  their  res- 
pe£tive  numbers,  which  (hall 
be  determined  by  adding  to 
the  whole  number  of  free  per- 
fons,  including  thofe  bound  to 
fervice  for  a  term  of  years, 
and  excluding  Indians  not  tax 
ed,  three-fifths  of  all  other 


26          CONSTITUTION    OF 

perfons.  The  actual  enume 
ration  (hall  be  made  within 
three  years  after  the  firft  meet 
ing  of  the  Congrefs  of  the 
United  States,  and  within  every 
fubfequent  term  of  ten  years, 
in  fuch  manner  as  they  {hall 
by  law  direct.  The  number 
of  reprefentatives  fhall  not  ex 
ceed  one  for  every  thirty  thou- 
fand,  but  each  State  fhall  have 
at  leaft  one  reprefentative  $  and 
until  fuch  enumeration  fhall  be 
made,  the  State  of  New  Hamp- 
{hire  {hall  be  entitled  to  choofe 
three,  Maflachufetts  eight, 
Rhode  Ifland  and  Providence 
Plantations  one,  Connecticut 


THE    UNITED    STATES.       27 

five,  New  York  fix,  New  Jer- 
fey  four,  Pennfylvania  eight, 
Delaware  one,  Maryland  fix, 
Virginia  ten,  North  Carolina 
five,  South  Carolina  five,  and 
Georgia  three. 

When  vacancies  happen  in 
the  reprefentation  from  any 
ftate,  the  executive  authority 
thereof  (hall  iflue  writs  of  ejec 
tion  to  fill  fuch  vacancies. 

The  Houfe  of  Reprefenta- 
tives  (hall  choofe  their  fpeaker 
and  other  officers  5  and  fhall 
have  the  fole  power  of  im 
peachment. 

SECTION  3.  The  Senate  of 
the  United  States  (hall  be  com- 


28          CONSTITUTION    OF 

pofed  of  two  fenators  from 
each  ftate,  chofen  by  the  legis 
lature  thereof,  for  fix  years  5 
and  each  fenator  (hall  have  one 
vote. 

Immediately  after  they  fhall 
be  aflembled  in  confequence  of 
the  firft  election,  they  fhall  be 
divided  as  equally  as  may  be 
into*  three  claffes.  The  feats 
of  the  fenators  of  the  firft 
clafs  fhall  be  vacated  at  the 
expiration  of  the  fecond  year, 
of  the  fecond  clafs  at  the  ex 
piration  of  the  fourth  year, 
and  of  the  third  clafs  at  the 
expiration  of  the  fixth,  year, 
fo  that  one-third  may  be  cho- 


THE    UNITED    STATES.      29 

fen  every  fecond  year  5  and  if 
vacancies  happen  by  refigna- 
tion,  or  otherwife,  during  the 
recefs  of  the  legiflature  of  any 
ftate,  the  executive  thereof 
may  make  temporary  appoint 
ments  until  the  next  meeting 
of  the  legiflature,  which  lhall 
then  fill  fuch  vacancies. 

No  perfon  fhall  be  a  fenator 
who  fhall  not  have  attained  to 
the  age  of  thirty  years,  and 
been  nine  years  a  citizen  of  the 
United  States,  and  who  fhall 
not,  when  elected,  be  an  in 
habitant  of  that  ftate  for  which 
he  fhall  be  chofen. 

The    vice-prefident    of  the 


30         CONSTITUTION    OF 

United  States  (hall  be  prefident 
of  the  Senate,  but  fhall  have 
no  vote,  unlefs  they  be  equally 
divided. 

The  Senate  fhall  choofe  their 
other  officers,  and  alfo  a  pre 
fident  pro  tempore,  in  the 
abfence  of  the  vice-prefident, 
or  when  he  lhall  exercife  the 
office  of  prefident  of  the  United 
States. 

The  Senate  (hall  have  the 
fole  power  to  try  all  impeach 
ments  :  When  fitting  for  that 
purpofe,  they  (hall  be  on  oath 
or  affirmation.  When  the 
prefident  of  the  United  States 
is  tried,  the  chief-juftice  fhall 


THE    UNITED    STATES.       31 

prefide  :  and  no  peffon  Ihall  be 
convicted  without  the  concur 
rence  of  two-thirds  of  the 
members  prefent. 

Judgment  in  cafes  of  im 
peachment  fhall  not  extend 
further  than  to  removal  from 
office,  and  difqualification  to 
hold  and  enjoy  any  office  of 
honor,  truft  or  profit  under  the 
United  States :  but  the  party 
convicted  fhall  neverthelefs  be 
liable  and  fubje£t  to  indi£b- 
ment,  trial,  judgment  and 
punifhment  according  to  law. 

SECTION  4.  The  times, 
places  and  manner  of  holding 
elections  for  fenators  and  rep- 


32          CONSTITUTION    OF 

refentatives,  fhall  be  prefcribed 
in  each  ftate  by  the  legiflature 
thereof  5  but  the  Congrefs  may 
at  any  time,  by  law,  make  or 
alter  fuch  regulations,  except 
as  to  the  places  of  choofing 
fenators. 

The  Congrefs  (hall  aflemble 
at  leaft  once  in  every  year,  and 
fuch  meeting  fhall  be  on  the 
firft  Monday  in  December, 
unlefs  they  fhall  by  law  appoint 
a  different  day. 

SECTION  5.  Each  houfe  fhall 
be  the  judge  of  the  elections, 
returns  and  qualifications  of  its 
own  members,  and  a  majority 
of  each  fhall  conftitute  a  quo- 


THE    UNITED    STATES.      33 

rum  to  do  bufinefs;  but  a 
fmaller  number  may  adjourn 
from  day  to  day,  and  may  be 
authorized  to  compel  the  at 
tendance  of  abfent  members, 
in  fuch  manner,  and  under  fuch 
penalties  as  each  houfe  may 
provide. 

Each  houfe  may  determine 
the  rules  of  its  proceedings, 
puniih  its  members  for  difor-< 
derly  behavior,  and,  with  the 
concurrence  of  two-thirds,  ex 
pel  a  member. 

Each  houfe  {hall  keep  a 
journal  of  its  proceedings,  and 
from  time  to  time  publifti  the 
fame,  excepting  fuch  parts  as 


34         CONSTITUTION    OF 

may  in  their  judgment  require 
fecrecy,  and  the  yeas  and  nays 
of  the  members  of  either  houfe 
on  any  queftion  fhall,  at  the 
defire  of  one-fifth  of  thofe  pre- 
fent,  be  entered  on  the  journal/ 

Neither  houfe,  during  the 
feffion  of  Congrefs,  (hall,  with 
out  the  confent  of  the  other, 
adjourn  for  more  than  three 
days,  nor  to  any  other  place 
than  that  in  which  the  two 
houfes  {hall  be  fitting. 

SECTION  6.  The  fenators 
and  reprefentatives  (hall  receive 
a  compenfation  for  their  fer- 
vices,  to  be  afcertained  by  law, 
and  paid  out  of  the  treafury 


THE    UNITED    STATES.      35 

of  the  United  States.  They 
fhall  in  all  cafes,  except  trea- 
fon,  felony  and  breach  of  the 
peace,  be  privileged  from  ar- 
reft  during  their  attendance  at 
the  feflion  of  their  refpe£tive 
houfes,  and  in  going  to  and 
returning  from  the  fame;  and 
for  any  fpeech  or  debate  in 
either  houfe,  they  fhall  not  be 
questioned  in  any  other  place. 
No  fenator  or  reprefenta- 
tive  fhall,  during  the  time  for 
which  he  was  elected,  be  ap 
pointed  to  any  civil  office  under 
the  authority  of  the  United 
States,  which  fhall  have  been 
created,  or  the  emoluments 


36         CONSTITUTION    OF 

whereof  {hall  have  been  in- 
creafed  during  fuch  time  5 
and  no  perfon  holding  any 
office  under  the  United  States, 
fhall  be  a  member  of  either 
houfe  during  his  continuance 
in  office. 

SECTION  7.  All  bills  for 
railing  revenue  fhall  originate 
in  the  Houfe  of  Reprefenta- 
tives  j  but  the  Senate  may  pro- 
pofe  or  concur  with  amend 
ments  as  on  other  bills. 

Every  bill  which  fhall  have 
pafled  the  Houfe  of  Repre- 
fentatives  and  the  Senate,  fhall, 
before  it  become  a  law,  be 
prefented  to  the  president  of 


THE    UNITED    STATES.       37 

the  United  States;  if  he  ap 
prove  he  fhall  fign  it,  but 
if  not  he  (hall  return  it,  with 
his  objections  to  that  houfe  in 
which  it  fhall  have  originated, 
who  fhall  enter  the  objections 
at  large  on  their  journal,  and 
proceed  to  reconfider  it.  If 
after  fuch  reconfideration,  two- 
thirds  of  that  houfe  fhall  agree 
to  pafs  the  bill,  it  fhall  be  fent, 
together  with  the  objections  to 
the  other  houfe,  by  which  it 
(hall  likewife  be  reconfidered, 
and  if  approved  by  two-thirds 
of  that  houfe,  it  lhall  become 
a  law.  But  in  all  luch  cafes 
the  votes  of  both  houfes  fhall 


38          CONSTITUTION    OF 

be  determined  by  yeas  and 
nays,  and  the  names  of  the 
perfons  voting  for  and  againft 
the  bill  fhall  be  entered  on  the 
journal  of  each  houfe  refpeo 
tively.  If  any  bill  fhall  not  be 
returned  by  the  preiident  within 
ten  days  (Sunday  excepted) 
after  it  fhall  have  been  pre- 
fented  to  him,  the  fame  (hall 
be  a  law,  in  like  manner  as  if 
he  had  figned  it,  unlefs  the 
Congrefs  by  their  adjournment 
prevent  its  return,  in  which 
cafe  it  fhall  not  be  a  law. 

Every  order,  refolution,  or 
vote  to  which  the  concurrence 
of  the  Senate  and  Houfe  of 


THE    UNITED    STATES.      39 

Reprefentatives  may  be  neces- 
fary  (except  on  a  queftion  of 
adjournment)  (hall  be  prefented 
to  the  prefident  of  the  United 
States  5  and  before  the  fame 
{hall  take  effect,  (hall  be  ap 
proved  by  him,  or  being  dis 
approved  by  him,  ihall  be 
repafled  by  two-thirds  of  the 
Senate  and  Houfe  of  Repre 
fentatives,  according  to  the 
rules  and  limitations  prefcribed 
in  the  cafe  of  a  bill. 

SECTION  8.  /The  Congrefs 
fhall  have  power  to  lay  and 
collect  taxes,  duties,  imports 
and  excifes,  to  pay  the  debts 
and  provide  for  the  common 


40          CONSTITUTION    OF 

defence  and  general  welfare  of 
the  United  States;  but  all 
duties,  imports  and  excifes  fhall 
be  uniform  throughout  the 
United  States  5 

2  To  borrow   money  on  the 
credit  of  the  United  States; 

3  To  regulate  commerce  with 
foreign  nations,  and  among  the 
feveral   ftates,    and   with     the 
Indian  tribes; 

^To  eftablifh  an  uniform  rule 
of  naturalization,  and  uniform 
laws  on  the  fubje&  of  bank 
ruptcies  throughout  the  Uni 
ted  States; 

^To  coin  money,  regulate  the 
value  thereof,  and  of  foreign 


THE    UNITED    STATES.      41 

coin,  and  fix  the  ftandard  of 
weights  and  meafures; 

L  To  provide  for  the  punifh- 
ment  of  counterfeiting  the  fe- 
curities  and  current  coin  of  the 
United  States  ; 

9  To  eftablifh  poft-offices  and 
poft-roads  $ 

*  To  promote  the  progrefs  of 
science    and    ufeful    arts,    by 
fecuring  for  limited  times,  to 
authors  and  inventors  the  ex- 
clufive  right  to  their  refpe£tive 
writings  and  difcoveries; 

*  To  conftitute  tribunals  infe 
rior  to  the  fupreme  court; 

-cTo  define  and  punifh  pira 
cies  and  felonies  committed  on 


42         CONSTITUTION    OF 

the    high    feas,    and    offences 
againft  the  law  of  nations; 

To  declare  war,  grant  let 
ters  of  marque  and  reprifal, 
and  make  rules  concerning 
captures  on  land  and  water  5 

/vTo  raife  and  fupport  armies, 
but  no  appropriation  of  money 
to  that  ufe  fhall  be  for  a  longer 
term  than  two  years; 

,3  To  provide  and  maintain  a 
navy; 

>+  To  make  rules  for  the  gov 
ernment  and  regulation  of  the 
land  and  naval  forces; 

,<To  provide  for  calling  forth 
the  militia  to  execute  the  laws 


THE    UNITED    STATES.      43 

of  the  Union,  fupprefs  infiir- 
re£tions  and  repel  invafions ; 
>  <*  To  provide  for  organizing, 
arming,  and  difciplining,  the 
militia,  and  for  governing  fuch 
part  of  them  as  may  be  em 
ployed  in  the  fervice  of  the 
United  States,  referving  to  the 
ftates  refpe£tively,  the  appoint 
ment  of  the  officers,  and  the 
authority  of  training  the  militia 
according  to  the  difcipline  pre- 
fcribed  by  Congrefs; 

(7To  exercife  excluiive  legis 
lation  in  all  cafes  whatfoever, 
over  fuch  diftri£t  (not  exceed 
ing  ten  miles  fquare)  as  may, 
by  ceffion  of  particular  ftates, 


44          CONSTITUTION    OF 

and  the  acceptance  of  Con- 
grefs,  become  the  feat  of  gov 
ernment  of  the  United  States, 
and  to  exercife  like  authority 
over  all  places  purchafed  by 
the  confent  of  the  legiflature 
of  the  ftate  in  which  the  fame 
fhall  be,  for  the  erection  of 
forts,  magazines,  arfenals, 
dockyards,  and  other  needful 
buildings  $ —  And 
4i  To  make  all  laws  which 
fhall  be  neceffary  and  proper 
for  carrying  into  execution 
the  foregoing  powers,  and 
all  other  powers  veiled  by  this 
conftitution  in  the  government 
of  the  United  States,  or  in 


THE    UNITED    STATES.     45 

any  department  or  officer 
thereof. 

SECTION  9.  The  migration 
or  importation  of  fuch  perfons 
as  any  of  the  ftates  now  ex- 
ifting  fhall  think  proper  to 
admit,  fhall  not  be  prohibited 
by  the  Congrefs  prior  to  the 
year  one  thoufand  eight  hun 
dred  and  eight,  but  a  tax  or 
duty  may  be  impofed  on  fiich 
importation,  not  exceeding  ten 
dollars  for  each  perfon. 

The  privilege  of  the  writ 
of  habeas  corpus  fhall  not  be 
fufpended,  unlefs  when  in  cafes 
of  rebellion  or  invafion  the 
public  fafety  may  require  it. 


46          CONSTITUTION    OF 

No  bill  of  attainder  or  ex 
poft  fa£to  law  fhall  be  paffed. 

No  capitation,  or  other  di- 
re£t,  tax  fhall  be  laid,  unlefs 
in  proportion  to  the  cenfus  or 
enumeration  hereinbefore  di 
rected  to  be  taken. 

No  tax  or  duty  fhall  be  laid 
on  articles  exported  from  any 
ftate. 

No  preference  fhall  be  given 
by  any  regulation  of  com 
merce  or  revenue  to  the  ports 
of  one  ftate  over  thofe  of  an 
other  :  nor  fhall  veflels  bound 
to,  or  from,  one  ftate,  be 
obliged  to  enter,  clear,  or  pay 
duties  in  another. 


THE    UNITED    STATES.      47 

No  money  fhall  be  drawn 
from  the  treafury,  but  in  con- 
fequence  of  appropriations 
made  by  law  5  and  a  regular 
ftatement  and  account  of  the 
receipts  and  expenditures  of 
all  public  money  fhall  be  pub- 
lifhed  from  time  to  time. 

No  title  of  nobility  fhall  be 
granted  by  the  United  States : 
And  no  perfon  holding  any 
office  of  profit  or  truft  under 
them,  fhall,  without  the  con- 
fent  of  the  Congrefs,  accept 
of  any  prefeht,  emolument, 
office,  or  title,  of  any  kind 
whatever,  from  any  king, 
prince,  or  foreign  ftate. 


48         CONSTITUTION    OF 

SECTION  10.  No  ftate  (hall 
enter  into  any  treaty,  alliance, 
or  confederation  ;  grant  letters 
of  marque  and  reprifal;  coin 
money ;  emit  bills  of  credit; 
make  anything  but  gold  and 
filver  coin  a  tender  in  payment 
of  debts;  pafs  any  bill  of  at 
tainder,  ex  poft  fa£to  law,  or 
law  impairing  the  obligation 
of  contracts,  or  grant  any  title 
of  nobility. 

No  ftate  (hall,  without  the 
confent  of  the  Congrefs,  lay 
any  impoft  or  duties  on  imports 
or  exports,  except  what  may 
be  abfolutely  neceflary  for 
executing  its  infpe£tion  laws; 


THE    UNITED    STATES.      49 

and  the  net  produce  of  all 
duties  and  impofts,  laid  by  any 
ftate  on  imports  or  exports, 
fhall  be  for  the  ufe  of  the 
treafury  of  the  United  States; 
and  all  fiich  laws  fhall  be 
fubjeft  to  the  revifion  and 
control  of  the  Congrefs. 

No  ftate  fhall,  without  the 
confent  of  Congrefs,  lay  any 
duty  of  tonnage,  keep  troops, 
or  fhips-of-war  in  time  of  peace, 
enter  into  any  agreement  or 
compact  with  another  ftate,  or 
with  a  foreign  power,  or  engage 
in  war,  unlefs  actually  invaded, 
or  in  fuch  imminent  danger  as 
will  not  admit  of  delay. 


50          CONSTITUTION    OF 
ARTICLE    II. 

SECTION  i.  The  executive 
power  fhall  be  veiled  in  a  pre- 
fident  of  the  United  States  of 
America.  He  (hall  hold  his 
office  during  the  term  of  four 
years,  and,  together  with  the 
vice-prefident,  chofen  for  the 
fame  term,  be  elected,  as  fol 
lows  : 

Each  ftate  fhall  appoint,  in 
fuch  manner  as  the  legiflature 
thereof  may  direct,  a  number 
of  electors,  equal  to  the  whole 
number  of  fenators  and  repre- 
fentatives  to  which  the  State 
may  be  entitled  in  the  Con- 
grefs :  but  no  fenator  or  repre- 


ft 


THE    UNITED    STATES.      51 

Tentative,  or  perfon  holding  an 
office  of  truft  or  profit  under 
the  United  States,  fhall  be 
appointed  an  elector. 

[The  electors  fhall  meet  in 
their  refpe£tive  ftates,  and  vote 
by  ballot  for  two  perfons,  of 
whom  one  at  leaft  fhall  not  be 
an  inhabitant  of  the  fame  ftate 
with  themfelves.  And  they 
lhall  make  a  lift  of  all  the 
perfons  voted  for,  and  of  the 
number  of  votes  for  each ; 
which  lift  they  fhall  fign  and 
certify,  and  tranfmit  fealed  to 
the  feat  of  the  government  of 
the  United  States,  directed  to 
the  prefident  of  the  Senate. 


52          CONSTITUTION    OF 

The  prefident  of  the  Senate 
fhall,  in  the  prefence  of  the 
Senate  and  Houfe  of  Repre- 
fentatives,  open  all  the  certi 
ficates,  and  the  votes  fhall  then 
be  counted.  The  perfon  hav 
ing  the  greateft  number  of  votes 
{hall  be  the  prefident,  if  fuch 
number  be  a  majority  of  the 
whole  number  of  electors  ap 
pointed  5  and  if  there  be  more 
than  one  who  have  fuch  ma 
jority  and  have  an  equal  number 
of  votes,  then  the  Houfe  of 
Reprefentatives  (hall  immedi 
ately  choofe  by  ballot  one  of 
them  for  prefident;  and  if  no 
perfon  have  a  majority,  then 


THE    UNITED    STATES.      53 

from  the  five  higheft  on  the 
lift  the  faid  houfe  fhall  in  like 
manner  choofe  the  prefident. 
But  in  choofing  the  preiident, 
the  votes  fhall  be  taken  by 
ftates,  the  reprefentation  from 
each  ftate  having  one  vote  5  a 
quorum  for  this  purpofe  fhall 
confift  of  a  member  or  mem 
bers  from  two-thirds  of  the 
ftates,  and  a  majority  of  all 
ftates  fhall  be  neceflary  to  a 
choice.  In  every  cafe,  after 
the  choice  of  the  prefident,  the 
perfon  having  the  greateft 
number  of  votes  of  the  elec 
tors  fhall  be  the  vice-prefident. 
But  if  there  fhould  remain  two 


54         CONSTITUTION    OF 

or  more  who  have  equal  votes, 
the  Senate  (hall  choofe  from 
them  by  ballot  the  vice-prefi- 
dent.] 

The  Congrefs  may  deter 
mine  the  time  of  choofing  the 
electors,  and  the  day  on  which 
they  fhall  give  their  votes; 
which  day  fhall  be  the  fame 
throughout  the  United  States. 

No  perfon  except  a  natural 
born  citizen,  or  a  citizen  of 
the  United  States,  at  the  time 
of  the  adoption  of  this  Confti- 
tution,  fhall  be  eligible  to  the 
office  of  prefident;  neither 
fhall  any  perfon  be  eligible  to 
that  office  who  fhall  not  have 


THE    UNITED    STATES.      55 

attained  to  the  age  of  thirty- 
five  years,  and  been  fourteen 
years  a  refident  within  the 
United  States. 

In  cafe  of  the  removal  of 
the  prefident  from  office,  or  of 
his  death,  refignation,  or  in 
ability  to  difcharge  the  powers 
and  duties  of  the  faid  office, 
the  fame  fhall  devolve  on  the 
vice-prefident,  and  the  Con- 
grefs  may  by  law  provide  for 
the  cafe  of  removal,  death, 
refignation,  or  inability,  both 
of  the  prefident  and  vice-pre 
fident,  declaring  what  officer 
fhall  then  a£t  as  prefident,  and 
fuch  officer  fhall  a£t  accord- 


5  6          CONSTITUTION  *  OF 

ingly,  until  the  difability  be 
removed,  or  a  prefident  fhall 
be  elected. 

The  prefident  fhall,  at  ftated 
times,  receive  for  his  fervices, 
a  compenfation,  which  fhall 
neither  be  incre^fed  nor  dimin- 
ifhed  during  the  period  for 
which  he  fhall  have  been  elec 
ted,  and  he  fhall  not  receive 
within  that  period  any  other 
emolument  from  the  United 
States,  or  any  of  them. 

Before  he  enter  on  the  exe 
cution  of  his  office,  he  fhall 
take  the  following  oath  or 
affirmation :  —  "I  do  folemnly 
fwear  (or  affirm)  that  I  will 


THE    UNITED    STATES.      57 

faithfully  execute  the  office  of 
prelident  of  the  United  States, 
and  will  to  the  beft  of  my 
ability,  preferve,  protect  and 
defend  the  conftitution  of  the 
United  States." 

SECTION  2.  »The  prefident 
lhall  be  commander-in-chief  of 
the  army  and  navy  of  the 
United  States,  and  of  the  militia 
of  the  feveral  ftates,  when 
called  into  the  actual  fervice 
of  the  United  States;  he  may 
require  the  opinion,  in  writing, 
of  the  principal  officer  in  each 
of  the  executive  departments, 
upon  any  fubje£t  relating  to 
the  duties  of  their  refpe£tive 


58          CONSTITUTION    OF 

offices,  and  he  fhall  have  power 
to  grant  reprieves  and  pardons 
for  offences  againft  the  United 
States,  except  in  cafes  of  im 
peachment. 

^  He  fhall  have  power,  by  and 
with  the  advice  and  confent  of 
the  Senate,  to  make  treaties, 
provided  two-thirds  of  the  fen- 
ators  prefent  concur;  and  he 
fhall  nominate,  and  by  and 
with  the  advice  and  confent  of 
the  Senate,  fhall  appoint  am- 
bafladors,  other  public  minis 
ters  and  confuls,  judges  of  the 
fupreme  court,  and  all  other 
officers  of  the  United  States; 
whofe  appointments  are  not 


THE    UNITED    STATES.      59 

herein  otherwife  provided  for, 
and  which  (hall  be  eftablifhed 
by  law ;  but  the  Congrefs  may 
by  law  veft  the  appointment 
of  fuch  inferior  officers,  as  they 
think  proper,  in  the  prefident 
alone,  in  the  courts  of  law, 
or  in  the  heads  of  depart 
ments. 

^  The  prefident  fhall  have 
power  to  fill  up  all  vacancies 
that  may  happen  during  the 
recefs  of  the  Senate,  by  grant 
ing  commiffions  which  fhall 
expire  at  the  end  of  their  next 
feffion. 

SECTION  3.    He  fhall  from 
time  to  time   give  to  the  Con- 


60         CONSTITUTION    OF 

grefs  information  of  the  ftate 
of  the  Union,  and  recommend 
to  their  confideration  fuch 
meafures  as  he  fhall  judge 
neceflary  and  expedient;  he 
may,  on  extraordinary  occa- 
fions,  convene  both  houfes,  or 
either  of  them,  and  in  cafe  of 
difagreement  between  them, 
with  relpe£t  to  the  time  of 
adjournment,  he  may  adjourn 
them  to  fuch  time  as  he  fhall 
think  proper;  he  fhall  receive 
ambafladors  and  other  public 

minifters:    he  lhall  take  care 

* 

that  the  laws  be  faithfully  exe 
cuted,  and  (hall  commiflion  all 
the  officers  of  the  United  States. 


THE    UNITED    STATES.       6 1 

SECTION  4.  The  preiident, 
vice-prefident  and  all  civil  of 
ficers  of  the  United  States, 
lhall  be  removed  from  office  on 
impeachment  for,  and  convic 
tion  of,  treafon,  bribery,  or 
other  high  crimes  and  mifde- 
meanors. 

ARTICLE    III. 

SECTION  i.  The  judicial 
power  of  the  United  States, 
fhall  be  veiled  in  one  fupreme 
court,  and  in  fiich  inferior 
courts  as  the  Congrefs  may 
from  time  to  time  ordain  and 
eftablifh.  The  judges,  both 
of  the  fupreme  and  inferior 

i 


62          CONSTITUTION    OF 

courts,  fhall  hold  their  offices 
during  good  behavior,  and 
fhall,  at  ftated  times,  receive 
for  their  fervices,  a  compenfa- 
tion,  which  fhall  not  be  dimin- 
ilhed  during  their  continuance 
in  office. 

SECTION  2.  The  judicial 
power  fhall  extend  to  all  cafes, 
in  law  and  equity,  arifing  under 
this  Constitution,  the  laws  of 
the  United  States,  and  treaties 
made,  or  which  fhall  be  made, 
under  their  authority ;  —  to  all 
cafes  affecting  ambafladors, 
other  public  minifters,  and 
confuls,—  -to  all  cafes  of  ad 
miralty  and  maritime  jurifdic- 


THE    UNITED    STATES.      63 

tion  ;  —  to  controverfies  to 
which  the  United  States  (hall 
be  a  party ;  —  to  controverfies 
between  two  or  more  ftates  ;  — 
between  a  ftate  and  citizens  of 
another  ftate;  —  between  citi 
zens  of  different  ftates;™ be 
tween  citizens  of  the  fame 
ftate  claiming  lands  under 
grants  of  different  ftates,  and 
between  a  ftate,  or  the  citizens 
thereof,  and  foreign  ftates, 
citizens  or  fubje£ts. 

In  all  cafes  affecting  ambas- 
fadors,  other  public  minifters 
and  confuls,  and  thofe  in  which 
a  ftate  fhall  be  party,  the 
fupreme  court  fhall  have  origi- 


64         CONSTITUTION    OF 

nal  jurifdi&ion.  In  all  the 
other  cafes  before  mentioned, 
the  fupreme  court  (hall  have 
appellate  jurifdi£tion,  both  as 
to  law  and  fa£t,  with  fuch 
exceptions,  and  under  fuch 
regulations  as  the  Congrefs 
fhall  make. 

The  trial  of  all  crimes,  ex 
cept  in  cafes  of  impeachment, 
fhall  be  by  jury  ;  and  fuch  trial 
fhall  be  held  in  the  State  where 
the  faid  crime  fhall  have  been 
committed ;  but  when  not  com 
mitted  within  any  ftate,  the 
trial  fhall  be  at  fuch  place  or 
places  as  the  Congrefs  may  by 
law  have  directed. 


THE    UNITED    STATES.      65 

* 

SECTION  3.  Treafon  againft 
the  United  States,  fhall  confift 
only  in  levying  war  againft 
them,  or  in  adhering  to  their 
enemies,  giving  them  aid  and 
comfort. 

No  perfon  fhall  be  convicted 
of  treafon  unlefs  on  the  tefti- 
mony  of  two  witneffes  to  the 

fame  overt  a£L   or  on  confes- 

.    * 

(ion  in  open  court. 

The  Congrefs  fhall  have 
power  to  declare  the  punifh- 
ment  of  treafon,  but  no  attain 
der  of  treafon  fhall  work  cor 
ruption  of  blood,  or  forfeiture 
except  during  the  life  of  the 
perfon  attainted/ 


66          CONSTITUTION    OF 
ARTICLE    IV. 

SECTION  i.  Full  faith  and 
credit  fhall  be  given  in  each 
ftate  to  the  public  a£ts,  records, 
and  judicial  proceedings  of 
every  other  ftate.  And  the 
Congrefs  may  by  general  laws 
prefcribe  the  manner  in  which 
fuch  a£ts,  records  and  proceed 
ings  lhall  be  proved,  and  the 
effe&  thereof. 

SECTION  2.  The  citizens  of 
each  ftate  fhall  be  entitled  to 
all  privileges  and  immunities 
of  citizens  in  the  feveral  ftates. 

A  perfon  charged  in  any 
ftate  with  treafon,  felony,  or 
other  crime,  who  fhall  flee  from 


THE    UNITED    STATES.      67 

juftice,  and  be  found  in  another 
ftate,  fhall  on  demand  of  the 
executive  authority  of  the 
ftate  from  which  he  fled,  be 
delivered  up,  to  be  removed 
to  the  ftate  having  jurifdi&ion 
of  the  crime. 

No  perfon  held  to  fervice  or 
labor  in  one  ftate,  under  the 
laws  thereof,  efcaping  into 
another,  fhall,  in  confequence 
of  any  law  or  regulation  there 
in,  be  difcharged  from  fuch 
fervice  or  labor,  but  fhall  be 
delivered  up  on  claim  of  the 
party  to  whom  fuch  fervice  or 
labor  may  be  due. 

SECTION  3.  Newftatesmay 


68          CONSTITUTION    OF 

be  admitted  by  the  Congrefs 
into  this  Union;  but  no  new 
ftate  (hall  be  formed  or  erected 
within  the  jurifdi£tion  of  any 
other  ftate;  nor  any  ftate  be 
formed  by  the  junction  of  two 
or  more  ftates,  or  parts  of 
ftates,  without  the  confent  of 
the  Legiflatures  of  the  ftates 
concerned  as  well  as  of  the 
Congrefs. 

The  Congrefs  fhall  have 
power  to  difpofe  of  and  make 
all  needful  rules  and  regula 
tions  refpe£ting  the  territory 
or  other  property  belonging 
to  the  United  States;  and 
nothing  in  this  Conftitution 


THE    UNITED    STATES.       69 

fhall  be  fo  conftrued  as  to  pre 
judice  any  claims  of  the  Uni 
ted  States,  or  of  any  particular 
ftate. 

SECTION  4.  The  United 
States  fhall  guaranty  to  every 
ftate  in  this  Union,  a  republican 
form  of  government,  and  (hall 
protect  each  of  them  againft 
invafion,  and  on  application  of 
the  legiflature,  or  of  the  execu 
tive  (when  the  legiflature  can 
not  be  convened)  againft  do- 
meftic  violence. 

ARTICLE   V. 

The  Congrefs,  whenever 
two-thirds  of  both  houfes  fhall 


70         CONSTITUTION    OF 

deem  it  neceflary,  fhall  propofe 
amendments  to  this  Conftitu- 
tion,  or,  on  the  application  of 
the  legiflatures  of  two-thirds 
of  the  feveral  ftates,  fhall  call 
a  convention  for  propofing 
amendments,  which,  in  either 
cafe,  fhall  be  valid  to  all  in 
tents  and  purpofes,  as  part  of 
this  Conftitution,  when  ratified 
by  the  legiflatures  of  three- 
fourths  of  the  feveral  ftates, 
or  by  conventions  in  three- 
fourths  thereof,  as  the  one  or 
the  other  mode  of  ratification 
may  be  propofed  by  the  Con- 
grefs  5  provided  that  no  amend 
ment  which  may  be  made 


THE    UNITED    STATES.      71 

prior  to  the  year  one  thoufand 
eight  hundred  and  eight,  (hall 
in  any  manner  affect  the  firft 
and  fourth  claufes  in  the  ninth 
fection  of  the  firft  article; 
and  that  no  ftate,  without  its 
confent,  fhall  be  deprived  of 
its  equal  fuffrage  in  the  Senate. 

ARTICLE    VI. 

All  debts  contracted  and 
engagements  entered  into,  be 
fore  the  adoption  of  this  Con- 
ftitution,  (hall  be  as  valid  againft 
the  United  States  under  this 
Conftitution,  as  under  the  con 
federation. 

This  Conftitution,  and  the 


72          CONSTITUTION    OF 

laws  of  the  United  States  which 
(hall  be  made  in  purfuance 
thereof  5  and  all  treaties  made, 
or  which  (hall  be  made,  under 
the  authority  of  the  United 
States,  fhall  be  the  fupreme 
law  of  the  land ;  and  the  judges 
in  every  ftate  fhall  be  bound 
thereby,  anything  in  the  con- 
ftitution  or  laws  of  any  State 
to  the  contrary  notwithftand- 
ing. 

The  fenators  and  reprefen- 
tatives  before  mentioned,  and 
the  members  of  the  feveral 
ftate  legiflatures,  and  all  execu 
tive  and  judicial  officers,  both 
of  the  United  States  and  of 


THE    UNITED    STATES.      73 

the  feveral  ftates,  fhall  be 
bound  by  oath  or  affirmation, 
to  fupport  this  Conftitutibn ; 
but  no  religious  teft  fhall  ever 
be  required  as  a  qualification 
to  any  office  or  public  truft 
under  the  United  States. 

ARTICLE    VII. 

The  ratification  of  the  con 
ventions  of  nine  ftates,  (hall 
be  fufficient  for  the  eftablifh- 
ment  of  this  Conftitution  be 
tween  the  ftates  fo  ratifying 
the  fame. 

Done  in  convention  by  the  unani 
mous  confent  of  the  States  prefent 
the  feventeenth  day  of  September 


10 


74  CONSTITUTION. 

in  the  year  of  our  Lord  one  thou- 
fand  feven  hundred  and  eighty- 
feven  and  of  the  independence 
oF  the  United  States  of  America 
the  twelfth.  In  witnefs  whereof 
we  have  hereunto  fubfcribed  our 
names. 


Preiident,  and  deputy  from  Virginia 

WILLIAM   JACKSON, 

Secretary. 


CONSTITUTION.  75 


AMENDMENTS 

To  the  Conftitution  of  the  United  States, 
ratified  according  to  the  provifions  of  the 
fifth  article  of  the  foregoing  conftitution. 

ARTICLE  I.  Congrefs  fhall 
make  no  law  refpe£ting  an 
eftablifhment  of  religion,  or 
prohibiting  the  free  exercife 
thereof  ;•  or  abridging  the  free 
dom  of  fpeech,  or  of  the  prefs  5 
or  the  right  of  the  people 
peaceably  to  aflemble,  and  to 
petition  the  government  for 
redrefs  of  grievances. 

ARTICLE  II.  A  well-regu 
lated  militia,  being  neceflary 


j6         CONSTITUTION    OF 

to  the  fecurity  of  a  free  ftate, 
the  right  of  the  people  to  keep 
and  bear  arms,  lhall  not  be 
infringed. 

ARTICLE  III.  No  foldier 
fhall,  in  time  of  peace  be  quar 
tered  in  any  houfe,  without 
the  confent  of  the  owner,  nor 
in  time  of  war,  but  in  a  man 
ner  to  be  prefcribed  by  law. 

ARTICLE  IV.  The  right  of 
the  people  to  be  fecure  in  their 
perfons,  houfes,  papers,  and 
effects,  againft  unreafonable 
fearches  and  feizures,  (hall  not 
be  violated,  and  no  warrants 
fhall  iflue,  but  upon  probable 
caufe,  fupported  by  oath  or 


THE    UNITED    STATES.       77 

affirmation,  and  particularly 
defcribing  the  place  to  be 
fearched,  and  the  perfons  or 
things  to  be  feized. 

ARTICLE  V.  No  perfonfhall 
be  held  to  anfwer  for  a  capital, 
or  otherwife  infamous  crime, 
unlefs  on  a  prefentment  or 
indictment  of  a  grand  jury, 
except  in  cafes  arifing  in  the 
land  or  naval  forces,  or  in  the 
militia,  when  in  actual  fervice 
in  time  of  war  and  public 
danger;  nor  {hall  any  perfon 
be  fubje£t  for  the  fame  offence 
to  be  twice  put  in  jeopardy 
of  life  or  limb;  nor  lhall  be 
compelled  in  any  criminal  cafe 


78          CONSTITUTION    OF 

to  be  a  witnefs  againft  himfelf, 
nor  to  be  deprived  of  life, 
liberty,  or  property,  without 
due  procefs  of  law;  nor  fhall 
private  property  be  taken  for 
public  ufe,  without  juft  com- 
penfation. 

ARTICLE  VI.  In  all  criminal 
profecutions,  the  accufed  lhall 
enjoy  the  right  to  a  fpeedy  and 
public  trial,  ,by  an  impartial 
jury  of  the  ftate  and  diftri£t 
wherein  the  crime  (hall  have 
been  committed,  which  diftri£t 
fhall  have  been  previoufly  as 
certained  by  law,  and  to  be 
informed  of  the  nature  and 
caufe  of  the  accufation ;  to  be 


THE    UNITED    STATES.      79 

confronted  with  the  witnefles 
againft  him;  to  have  compul- 
fory  procefs  for  obtaining  wit 
nefles  in  his  favor,  and  to  have 
the  afliftance  of  counfel  for  his 
defence. 

ARTICLE  VII.  In  fuits  at 
common  law,  where  the  value 
in  controverfy  (hall  exceed 
twenty  dollars,  the  right  of 
trial  by  jury  (hall  be  preferved, 
and  no  fa£t  tried  by  a  jury 
fhall  be  otherwile  re-examined 
in  any  court  of  the  United 
States,  than  according  to  the 
rules  of  common  law. 

ARTICLE  VIII.  Exceflive 
bail  fhall  not  be  required,  nor 


8o          CONSTITUTION    OF 

exceffive  fines  impofed,  nor 
cruel  and  unufual  punifhments 
inflicted. 

ARTICLE  IX.  The  enume 
ration  in  the  Conftitution,  of 
certain  rights,  fhall  not  be  con- 
ftrued  to  deny  or  difparage 
others  retained  by  the  people. 

ARTICLE  X.  The  powers 
not  delegated  to  the  United 
States  by  the  Conftitution,  nor 
prohibited  by  it  to  the  States, 
are  referved  to  the  ftates  res- 
pe£tively,  or  to  the  people. 

ARTICLE  XI.  The  judicial 
power  of  the  United  States 
(hall  not  be  conftrued  to  extend 
to  any  fuit  in  law  or  equity. 


THE    UNITED    STATES.      8 1 

commenced  or  profecuted 
againft  one  of  the  United 
ftates  by  citizens  of  another 
ftate,  or  by  citizens  or  fubje£ts 
of  any  foreign  ftate. 

ARTICLE  XII.  The  electors 
fhall  meet  in  their  refpe£tive 
ftates,  and  vote  by  ballot  for 
prefident  and  vice-prefident, 
one  of  whom,  at  leaft,  fhall 
not  be  an  inhabitant  of  the 
fame  ftate  with  themfelves; 
they  (hall  name  in  their  ballots 
the  perfon  voted  for  as  prefi 
dent,  and  in  diftin£t  ballots 
the  perfon  voted  for  as  vice- 
prefident,  and  they  fhall  make 
diftin£t  lifts  of  all  perfons  voted 


82         CONSTITUTION    OF 

for  as  president,  and  of  all 
perfons  voted  for  as  vice-prefi- 
dent,  and  of  the  number  of 
votes  for  each,  which  lifts  they 
fhall  fign  and  certify,  and  trans 
mit  fealed  to  the  feat  of  the 
government  of  the  United 
States,  directed  to  the  prefident 
of  the  Senate  ;  —  the  prefident 
of  the  Senate  fhall,  in  the 
prefence  of  the  Senate  and 
House  of  Reprefentatives,  open 
all  the  certificates,  and  the 
votes  fhall  then  be  counted  $  — 
the  perfon  having  the  greateft 
number  of  votes  for  prefident, 
fhall  be  the  prefident,  if  fuch 
number  be  a  majority  of  the 


THE    UNITED    STATES.      83 

whole  number  of  electors  ap 
pointed;  and  if  no  perfon 
have  fuch  majority,  then  from 
the  perfons  having  the  higheft 
numbers  not  exceeding  three 
on  the  lift  of  thofe  voted  for 
as  prefident,  the  Houfe  of 
Reprefentatives  (hall  choofe 
immediately,  by  ballot,  the 
prefident.  But  in  chooling  the 
prefident,  the  votes  fhall  be 
taken  by  States,  the  reprefen- 
tation  from  each  ftate  having 
one  vote;  a  quorum  for  this 
purpofe  fhall  confift  of  a  mem 
ber  or  members  from  two- 
thirds  of  the  ftates,  and  a 
majority  of  all  the  ftates  fhall 


84          CONSTITUTION    OF 

be  neceflary  to  a  choice.  And 
if  the  Houfe  of  Reprefenta- 
tives  fhall  not  choofe  a  prefident 
whenever  the  right  of  choice 
fhall  devolve  upon  them,  be 
fore  the  fourth  day  of  March 
next  following,  then  the  vice- 
prefident  fhall  a£t  as  prefident, 
as  in  the  cafe  of  the  death  or 
other  conftitutional  difability 
of  the  prefident.  The  perfon 
having  the  greateft  number  of 
votes  as  vice-prefident,  fhall 
be  the  vice-prefident,  if  luch 
number  be  a  majority  of  the 
whole  number  of  electors  ap 
pointed,  and  if  no  perfon  have 
a  majority,  then  from  the  two 


THE    UNITED    STATES.      85 

higheft  numbers  on  the  lift, 
the  Senate  (hall  choofe  the  vice- 
prefident;  a  quorum  for  the 
purpofe  (hall  confift  of  two- 
thirds  of  the  whole  number  of 
fenators,  and  a  majority  of  the 
whole  number  fhall  be  neceflary 
to  a  choice.  But  no  perfon 
conftitutionally  ineligible  to 
the  office  of  prefident  fhall  be 
eligible  to  that  of  vice-prefident 
of  the  United  States. 


14  DAY  USE 

RETURN  TO  DESK  FROM  WHICH  BORROWED 

LOAN  DEPT. 

This  book  is  due  on  the  last  date  stamped  below,  or 

on  the  date  to  which  renewed. 
Renewed  books  are  subject  to  immediate  recall. 


OCT25860 


-" 


\t 


~*- 


K&* 


i— — ~ 


3    1963 


REC'D  LD 


AUG    fi.963 


N01/23'63-KPM 


LD  21A-60?7i-4,'64 
(E4555slO)476B 


General  Library 

University  of  California 

Berkeley 


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